Philosophy, Faculty of Liberal Arts and Professional Studies

York University

Fall Winter 2011-2012 Course Outline
AP/PHIL 2050 6.0A Philosophy of Law
Term: Y
Course Instructor Contact:Susan Dimock
McLaughlin College 227; 416-736-2100 ext 77098;
Website: All lecture notes and additional materials will be posted on this site, under Course Materials
Prerequisite / Co-requisite: None
Required Course Text / Readings:
J. Bickenbach, ed., Canadian Cases in the Philosophy of Law, 4th edn. (Peterborough: Broadview Press, 2007), and
S. Dimock, ed., Classic Readings and Cases in the Philosophy of Law (Toronto: Prentice Hall, 2002)
ExpandedCourse Description:
This course provides students with the opportunity to explore several general theories about the nature of law. In particular, law’s relations to morality, coercion, social and economic norms, culture, and gender divisions are examined, together with a look at the relation between law and individual liberty. The topics of criminal responsibility and international law are also typically covered. In each part of the course important cases are considered, in Canadian law and elsewhere, which illustrate philosophical questions as they arise in practice.
Organization of the Course:
Lectures and tutorials.
Course Learning Objectives:
The student who completes this course will
  • Have the skill to understand and identify central features of life under law which merit philosophical analysis and demand justification
  • Have an improved ability to read, criticize, present, and defend arguments both verbally and in writing
  • Acquire skills transferable not just to further study in philosophy and related disciplines, but are also fundamental to success in the legal profession, public service, business, and many other areas of life which will reward you for being able to think, speak, and write clearly and compellingly.

Weighting of Course:
Essay 1:25%
Essay 2:25%
Exam 1:20%
Exam 2:20%
Tutorial Participation:10%
IMPORTANT COURSE INFORMATION
The Senate Committee on Curriculum & Academic StandardsWeb site provides an important read, the: STUDENT INFORMATION SHEET.
The Student Information Sheet includes:
  • York’s Academic Honesty Policy and Procedures/Academic Integrity Website
  • Access/Disability
  • Ethics Review Process for Research Involving Human Participants
  • Religious Observance Accommodation
  • Student Conduct Standards
Additional information:
  • Academic Accommodation for Students with Disabilities
  • Alternate Exam and Test Scheduling
  • Grading Scheme and Feedback Policy
The Senate Grading Scheme and Feedback Policy stipulates that (a) the grading scheme (i.e. kinds and weights of assignments, essays, exams, etc.) be announced, and be available in writing, within the first two weeks of class, and that, (b) under normal circumstances, graded feedback worth at least 15% of the final grade for Fall, Winter or Summer Term, and 30% for ‘full year’ courses offered in the Fall/Winter Term be received by students in all courses prior to the final withdrawal date from a course without receiving a grade (see the policy for exceptions to this aspect of the policy -
“Final course grades may be adjusted to conform to Program or Faculty grades distribution profiles.”
If Term Test will be held outside of regularly scheduled class time, include announcement of day, date and time here (e.g., Saturday, October 28, 2006, 10 am to 11:30, room TBA).
"20 % Rule"
No examination or test worth more than 20% of the final grade will be given during the last two weeks of classes in a term, with the exception of classes which regularly meet Friday evenings or on the weekend (Saturday and/or Sunday at any time). (Approved by Senate, November 28, 1996)
DETAILED LECTURE AND ASSIGNMENT SCHEDULE
Sept. 7 Organizational Meeting
Sept. 12St. Thomas Aquinas, Traditional Natural Law: Law for the Common Good
Chapter 1 in Dimock, ed.
Sept. 14 Aquinas cont’d, Chapter 1 in Dimock, ed.
Sept. 19 Aquinas cont’d, Chapter 1 in Dimock, ed.
Last day to enroll without permission of course director in Sept 20
Sept. 21Aquinas cont’d, Chapter 1 in Dimock, ed.
Sept. 26John Austin, Legal Positivism 1: Law as Command
Chapter 2 in Dimock, ed.
Sept. 28 Austin cont’d, Chapter 2 in Dimock, ed.
Oct. 3Austin cont’d, Chapter 2 in Dimock, ed.
Oct. 5Austin cont’d, Chapter 2 in Dimock, ed.
Oct 8-14 Co-curricular week (a number of supports are available to students who might benefit from them during this week, from the Faculty, Colleges, SCLD, the libraries, etc.) – No classes
Oct. 17O.W. Holmes, American Legal Realism: Law as Judicial Pronouncement
Chapter 3 in Dimock, ed.
Oct 19 Jerome Frank, American Legal Realism con’t, Chapter 3 in Dimock, ed.
First Essay Assignment distributed
Oct 24 H.L.A. Hart, Legal Positivism II: Law as the Union of Primary and Secondary Rules
Chapter 4 in Dimock, ed.
Oct. 26 Hart, Legal Positivism II cont’d, Chapter 4 in Dimock, ed.
Oct. 31 Hart, Legal Positivism II cont’d, Chapter 4 in Dimock, ed.
Last day to enroll with permission of course director is Oct 25
Nov 2 Hart, Legal Positivism II cont’d, Chapter 4 in Dimock, ed.
Nov 7 Hart, Legal Positivism II cont’d, Chapter 4 in Dimock, ed.
Nov 9 S. Dimock, Law and Economics: Law as Efficiency
Chapter 5 in Dimock, ed.
Nov 14 Patricia Smith and Catharine MacKinnon, Feminist Jurisprudence: Law as a Patriarchal Institution
Chapter 6 in Dimock, ed.
Nov 16 Part III Equality Rights in Bickenbach, ed.
Nov 21 Part VI, B Liability in Private Law in Bickenbach, ed.
First Essay assignment Due
Nov 23 H.L.A. Hart, The Separation Thesis
Chapter 8 in Dimock, ed.
Nov 28 Hart, The Separation Thesis cont’d, Chapter 8 in Dimock, ed.
Nov 30 Lon Fuller, The Morality of Law – Positivism and Fidelity to Law
Chapter 9 in Dimock, ed.
Dec 5 Lon Fuller, The Morality of Law –The Morality that Makes Law Possible
Chapter 9 in Dimock, ed.
Winter exam period and Break ** There will be an exam during the exam period in this course
Jan 4 Ronald Dworkin, Law as a System of Rights – Rules, Principles and Rights
Chapter 10 in Dimock, ed.
First Essay Assignment Returned for editing/rewriting
Jan 9 Dworkin, Rules, Principles and Rights cont’d, Chapter 10 in Dimock, ed.
Jan 11Dworkin , Hard Cases Dworkin, Chapter 10 in Dimock, ed.
Jan 16 Dworkin, Integrity in Law,Chapter 10 in Dimock, ed.
Jan 18 John Stuart Mill, In Defence of Liberty
Chapter 12 in Dimock, ed.
Revised First Essay Assignment Due for Grading
Jan 23 Mill cont’d, Chapter 12 in Dimock, ed.
Jan 25 Mill cont’d, Chapter 12 in Dimock, ed.
Jan 30 Gerald Dworkin, Paternalism
Chapter 13 in Dimock, ed.
Feb 1 G. Dworkin cont’d, Chapter 13 in Dimock, ed.
Feb 6 Lord Patrick Devlin, Legal Moralism
Chapter 14 in Dimock, ed.
Second Essay Assignment Distributed
Feb 6 Devlin cont’d, Chapter 14 in Dimock, ed.
Feb 8 H.L.A. Hart, Refutation of Legal Moralism
Last day to drop the course without receiving a grade in Feb 10
Feb 13 Part I, A. The Constitution in Bickenbach, ed.
Feb 15 Part 1, A The Constitution cont’d
Feb 18-24 Reading Week – No classes
Feb 27 Part I, B The Scope and Operation of the Charter in Bickenbach, ed.
Feb 29Part I, B The Charter cont’d
Mar 5 Part II Fundamental Freedoms in Bickenbach, ed.
Mar 7 Part II Fundamental Freedoms cont’d
Mar 12 Part IV, A: Autonomy and Self-Determination in Bickenbach, ed.
Mar 14 Part IV, B: Group Self-Determination in Bickenbach, ed.
Second Essay Assignment Due for grading
Mar 19 Part V: Procedural Justice in Bickenbach, ed.
Mar 21 Criminal Law – readings TBA
Mar 26 Criminal Law – readings TBA
Mar 28 Part VI, A Criminal Responsibility and Defence in Bickenbach, ed.
April 2Part VI, C Punishment in Bickenbach, ed.
Spring exam period ** There will be a final exam during the exam period in this course
Please note: work in other courses is not an excuse for lateness in this course. Students have the dates for all assignments in advance and are expected to manage their time accordingly. If you find you are having difficulty with time management, services are available from the Counseling and Disabilities Services Office.
Please also note that extensions and make-up exams will only be permitted with a valid medical note or a funeral director’s statement.